Defenses for DUI Charges

By Law Office of Matthew T. McNally  Aug. 27, 2010 8:40p

How an Attorney Can Challenge Your DUI Charges

DUI, or driving under the influence, is a criminal charge that involves a driver allegedly operating a motor vehicle while under the influence of alcohol and/or a controlled substance. This may mean that the driver had an unlawful blood alcohol concentration of .08% or above or that the driver's normal abilities were impaired due to drug or alcohol use.

To prove drunk driving cases, law enforcement will typically use the results of a breath test or blood test administered after the driver's arrest and the driver's performance on field sobriety tests. The prosecuting attorney may also rely upon the arresting officer's testimony about the defendant's driving behavior, statements he or she made, or observations the officer made about the defendant's mannerisms in general.

An experienced Atlanta criminal defense attorney can utilize different strategies to build a defense against DUI charges. The approach will vary depending on your particular case and the evidence that has been gathered against you, but your lawyer can look at important factors such as:

  • The lawfulness of your arrest
  • Whether you were lawfully pulled over in the first place
  • The calibration of the breath test device in accordance with state standards
  • How outside factors may have influenced your performance on field sobriety tests
  • Whether the arresting officer properly administered field sobriety testing
  • Whether the breath test or blood test was administered properly
  • Whether some other factor may have led to a high result on a breath test

These are just a few examples of issues that may prove valuable in building a strong defense against drunk driving charges. Even in cases where you feel that your options are limited or you have no chance of avoiding a conviction, you may be surprised to find that there is much a skilled lawyer can do to help.

Learn more about challenging DUI charges by contacting an Atlanta Criminal Lawyer at the Law Office of Matthew T. McNally today.

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